权义契合与秩序转进:高校学生权利保障机制的建构

The Fit of Right and Duty and Order Into: Building of Safeguard Mechanism of College Students' Rights

权利时代背景下重视和保障权利问题已成为新时代社会发展的重要主题,在高教管理体制变革新形势下,高教领域法律现象已体现为一种特定的社会现象,高校学生权义关系已涉及公法、教育法、民事法和刑法等各法域,在各法律关系上已为权利主张或依附的当然主体,当前解决学生权益纠纷与冲突的实质,须通过构建权利文化价值体系和权利保障理论体系,确立尊重学生主体地位、真正恢复并保障学生主体权利的高等教育观,推进权利秩序与高等教育公平价值理念的均衡发展。

In the right background the attention and protection of rights has become an important theme of social development in the new era. In the new situation of higher education management system reform, higher education legal phenomenon has reflected as a specific social phenomenon, the relations between university students＇ rights and duty have been involved in public law, education law, civil law and criminal law in the law field, and the legal relationships become the main body for the claim or attachment of right, the essence of the current to solve the student rights dispute and conflict, must establish the subject status of students, respect and protect students rights real return of higher education, through the construction of theoretical system of rights protection system of rights cultural values ,and promote the balanced development of the right order and fair value of the concept of higher education.